Kilpatrick v. Board of Directors of the Foothills Fire Protection District, The et al

Filing 21

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Motion Hearing was held on 12/2/2010. ORDERED: Motion for Extension of Time to Answer or Otherwise Respond, doc # 18 is DENIED AS MOOT. De fendants shall file an Answer or Otherwise Respond to the First Amended Complaint, doc # 13 by Friday DECEMBER 10, 2010. ORDERED: Defendants' oral Motion to Withdraw the Motion to Dismiss is GRANTED. The Motion to Dismiss, doc # 11 is WITHDRAWN WITHOUT PREJUDICE. By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer
Civil Action No.: 10-cv-02370-ZLW-CBS Date: December 2, 2010 FTR - Reporter Deck - Courtroom A402 Courtroom Deputy: Linda Kahoe

JOHN THOMAS KILPATRICK, III, Plaintiff, v. BOARD OF DIRECTORS OF THE FOOTHILLS FIRE PROTECTION DISTRICT, et al., Defendants.

Evan S. Lipstein

January Dedrick Barrett Mark Overturf

COURTROOM MINUTES/MINUTE ORDER HEARING: TELEPHONIC MOTION HEARING Court in session: 8:03 a.m. Court calls case. Appearances of counsel. Discussion regarding Defendants' Unopposed Motion for Extension of Time in Which to File Responsive Pleading to Plaintiff's First Amended Complaint, doc #[18], filed 11/23/2010. The court suggests that the current Motion to Dismiss, doc #[11], be treated as superceded by the Amended Complaint, and the Defendant could file a new Motion to Dismiss directed at the Amended Complaint. Counsel state no objection. ORDERED: Defendants' Unopposed Motion for Extension of Time in Which to File Responsive Pleading to Plaintiff's First Amended Complaint, doc #[18], is DENIED AS MOOT. Defendants shall file an Answer or Otherwise Respond to the First Amended Complaint, doc #[13], by Friday DECEMBER 10, 2010. Ms. Barrett makes an oral motion to withdraw the Motion to Dismiss, doc #[11]. ORDERED: Defendants' oral Motion to Withdraw the Motion to Dismiss is GRANTED. The Motion to Dismiss, doc #[11], is WITHDRAWN WITHOUT PREJUDICE. The court states that the Scheduling Conference set for December 8th will go forward. HEARING CONCLUDED. Court in recess: 8:12 a.m. Total time in court: 00:09
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